“Look at the way an objective observer in the public would look at this,” the lawyer argued.

Attorney David Wall, a former district judge who represents one of the plaintiffs in the case, called Polsenberg’s argument “absolutely absurd.”

“There’s no allegation of misconduct of anyone in this case,” Wall said.

Wall said the Review-Journal article has Earley’s picture, “along with 11 others.” The caption under Earley’s photo included basic details about the Actos trial, which began March 10, but Wall said none of that information is new to jurors.

The story focused on the role political consultant David Thomas has played in judicial races and included an allegation that he offered one candidate a bribe to change races. The candidate said Thomas offered to fund his campaign, if he changed races, with the resources of wealthy attorney Robert Eglet, who also represents a plaintiff in the Actos case.

Both Thomas and Eglet denied the candidate’s allegation.

Earley’s campaign paid Thomas $50,000 in 2012, but in court Tuesday the judge said, “He is not my campaign manager for 2014.”